Patna High CourtCR. MISC./69054/2018bail granted

Bharat Rai And ORS v. The State Of Bihar

2018-12-18Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69054 of 2018 Arising Out of PS. Case No.-146 Year-2018 Thana- BHAGWANPUR District- Vaishali ======================================================

1. Bharat Rai

2. Chandeshwar Rai Both Son of Charitar Rai

3. Arvind Rai Son of Bharat Rai All Resident of Village-Sharma Amar,Police Station- Bhagwanpur,Distt.-Vaishali ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manish Chandra Gandhi For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 18-12-2018 Heard the learned counsel for the petitioners and the State.

The petitioners seek bail in anticipation of their arrest in connection with Bhagwanpur P. S. Case No. 146 of 2018 dated 18.08.2018 instituted for the offences under Sections 341, 323, 504, 506, 354, 379 and 34 of the Prevention of Witch (Daain) Practices Act, 1999. The petitioners are said to have stopped the informant by insinuating that she practices witch-craft while she was returning after attending to the call of nature and also assaulted her.

Learned counsel for the petitioners has submitted that the present case has been filed because of the land

Patna High Court Cr.Misc. No.69054 of 2018(2) dt.18-12-2018 2/2 dispute between the parties. In support of that aforesaid contention, learned counsel for the petitioners has drawn the attention of this Court to Annexure- 2 which is a report of the police. It appears from the perusal of the aforesaid document that there is a longstanding land dispute between the parties.

Considering the aforesaid facts as also taking into account that the petitioners do not have any criminal antecedents, the petitioners, above-named, are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-III, Vaishali at Hajipur in connection with Bhagwanpur P. S. Case No. 146 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C.

skm/- (Ashutosh Kumar, J) U